Post Decree Issues

Providing Knowledgeable Counsel for Post-Decree Issues

There are a number of situations that may arise after a family court issue has been decided by the Court either by reason of the stipulation of the parties or after a trial. Those situations are called post-decree issues and fall into two main categories: enforcement and modification.

These are examples of enforcement problems that go beyond implementation. The act includes opposition to executing what the court has ordered.

Many enforcement issues can be handled by a letter from an attorney to the attorney for the opposing party or the opposing party if they are not represented. If the party continues to fail to comply with the Court order it is then necessary to bring a motion before the Court. Attorney Kathleen E. Rusler O’Connor can assist you in determining whether a Court will find the failure of the party a sufficient basis for a motion. Serious violations of Court Orders can result in finding of contempt. There are specific rules that must be followed when bringing a contempt motion so it is important to have legal representation.

Modification motions are necessary when there has been a substantial change in circumstances or if children are being endangered by the current custody arrangement. There are specific timing rules and statutory requirements before seeking a modification so it is important to have the assistance of an attorney.

In rare circumstances the Court can reopen a divorce decree, however, most decisions are final except those relating to children and support.

Most judges require that parties participate in Alternative Dispute Resolution and many divorce decrees specifically require it as well.

Attorney Kathleen E. Rusler O’Connor a Dakota, Goodhue, Hennepin and Scott County family lawyer, assists and counsels families in the full range of post-decree matters. Contact her at 952.529.1961.

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Conveniently located in Burnsville, Minnesota, O’Connor Law and Mediation, PLLC is a family law firm supporting residents Burnsville, Apple Valley, Savage, Rosemount, Eagan, Lakeville, Inver Grove Heights, Farmington, West St. Paul, South St. Paul, Mendota Heights, Shakopee, Jordan, Prior Lake, Elko New Market including all of Dakota, Scott, Goodhue, and Hennepin Counties.